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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 15, 1907)
The Omaha Daily Bee
VOI XXXVI-NO. 181.
OMAHA, TUESDAY MORNING," JANUARY 15, 1907-TEN PAGES.
SINGLE COPY THREE CENTS.
CONDUCT OF TROOPS
resident f ndt pro al lfeasace to Senate
on the ErowDiTille Affair.
REASONS FOR DISCHARGE, OF NEGROES
Few of Men Were Without Knowledge of
AtUcke Upon Citizens.
CIVIL EMPLOYMENT CLAUSE REVOKED
lxcutiTe Stye it Wm Withdrawn Because
PURDY REPORT CORROBORATES BLOCKSOM
Copy of Sworn Tillmnr and Ex
hibits, Inrlndlng Pkvtsrnpht,
Dallets and Cartridges
WASHINGTON, Jan. '
Riosevelt todny nt to th.
clal mcM resardlng the Bi in
cident, which gives the addition.
rollcted by Assistant Attorney .
Turrty and Major Blorksom, who wen.
to Texas by the president to Invcstlg.
the affair. The president submitted wlti.
til message various exhibits, including J
maps of Brownsville and Fort Brown, a !
bandoleer, thirty-three, empty shells, seven
tall cartridges picked lip In the streets a
few hours aft-r the shooting, three stiel
5ackcted bullets and aome scraps of tho
cnslnff of other bullets picked out of the
houses Into which they had been fired.
The president declares that the evidence
Is positive thnt the outrage of August 13
were committed by some of the colored
troops that have been dismissed and that
some or all of the members of the three
companies of the Twenty-fifth Infantry had
knowledge 'of the deed and have shielded
the guilty ones. .
. Chans; la Order.
The negro troops are referred to by the
president In his message as "midnight
nHsaaslns'' and h declares that very few,
If any, of the soldiers dismissed "without
honor" could have been Ignorant of what
occurred. That part of the order which
bars the soldiers from alt civil employment
under the government is revoked by the
president. This clause, the president says,
was lacking In validity,'. The discharged
troops, however, will be forever barred
from re-enllstlng In the army or navy, and
as to this the president says that "there
la no doubt of my constitutional and legal
Secretary Taft'a report, giving the sworn
testimony of witnesses, Is transmitted with
the .message. The testimony of fourteen
eyewitnesses is given and the president
w lares that the evidence Is conclusive
At the weapon used were Springfield
. .(los, now used by the United States
troops. Including the negro troop who
wero In the garrison at Brownsville.
The president's message follows:
To the Senate: In my message to the
senate treating of the dismissal without
honor of certain manned members of three
... . , ... a. Mr- 1 K Inhntt I
. i ii , 1 k w ' j i , 'ir , . .11 j ...... ........... .
f ave the reports of the officers upon which
he dismissal was baaed. These reports
were male la accurdanoe with the custom
in such cases, for. It would of course be
Impossible to preserve discipline In the
army save by pursuing precisely the course
that In this case was pursued. Inasmuch,
however, as In the senate the question was
raised as to the sufficiency of the evidence.
I deemed It wis to send Major Blocksnm
and Assistant to ' the Attorney General
Purdy to Brownsville to make a thorough
Investigation on the ground In reference
to the matter. I herewith transmit Bee
retary Taft's report and the testimony
taken under oath of the various witnesses
examined In the course of the Investiga
tion. I also submit various exhibits. In.
eluding maps of Brownsville and Fort
Brown, photographs of various buildings,
a letter from Judge Parks to his wife,
together with a bandoleer, thirty-three
empty shslls, seven ball cartridges and
four clips picked up In the streets of
Brownsville within a few hours after the
hooting; three steel Jacketed bullets and
some si-raps of the casings of other bullets
pinked out of the houses Into which they
had been fired. A telegram from United
States Commissioner R. B. Creager at
Prownsvllle announces that six additional
bullets, like the others, from Springfield
rifles, taken from buildings In Brownsville,
with supporting affidavits, have since been
Sent to the secretary of war.
Five Offenses Committed.
It appear from the testimony that on
the night of August 13, 1H08, several crimes
were committed by some person or persons
rn the city of Brownsville. Among these
were the following:
A--Th murder of Frank Natua.
B The assault with Intent to kill the
lieutenant of police. Domlnruea, whose
horse was killed tinder hlro and whose arm
was shot so severely that It had to be am
putated. . O The aassult with Intent to kill Mr. and
airs. Hale Odin and their little boy, who
were In the window of the Miller hotel.
P The shooting Into several private real
dances In the city ot Flrownsvllle. three of
them containing women and children. ,
E The shooting at and slightly .wound
ing of Preciado.
These crimes were certainly committed
Aa to the motive for the commission of
the crimes It appear that trouble of a
more oi less serious kind bait occurred
between Individual members of ' the com.
panisa and individual citizens of Browns.
Vlile. culminating In complaints, which re
suited In the soldiers being confined within
the limits of the garrison on the evening
ot the day In question.
oldlers Mast Have Knwa.
The evidence. will be seen, show
beyond any poaaibilty of honest question
that some Individuals among lha colored
troops whom I have dismissed, commuted
the outrages mentioned; and that some or
all ot the other individuals whom I (lis.
missed had knowledge of the deed and
shielded from the law those who com
The only motive aurgested a possibly In.
fluenclng sny on rite, was a desire, to
get rid of the colored troops, an strong
that It Impelled the citizens of Browns
vlile to shoot up their own houses to kill
one of tholr own number to assault their
own police, wounding the lieutenant who
had been a.i officer for twenty years all
with the purpose of discrediting the negro
troops. The sugKestlon is. on lis face o
ludicrously tmitoaslbie that It Is difficult
to treut It as honestly made. This theory
Suppose that th assailants succeeded In
obtaining the uniform of the negro soldiers'
that before stilting on their ruld they got
over the fence of the fort unchallenged and
without discovery by the negro troops
opened fire- on the town from within the
foil that they blacked their face, so that
at leest fourteen eye-wtne ses mlstinik
them for negroes; thst they disguised their
voices so that at least six witnesses, who
heard them speak mistook their voice aa
being thus of negroes.
. They were not Mexicans, for they were
heard bv various witnesses to speak In
Aruiy Rides Were I'sed.
Ths weapon they used were Springfield
rifles; for the ammunition, which they used
was that of ths BurinaneM rifle ant n
other and could not have been used in any
gun In Texas, or any part of the union or
Mexico, or in any other Dart of th.
world, save only In the Springfield now
used by th United Stales troops, inojud.ng
the negro troops In th garrison st Bronns
vlll. and by no other persons save these
troops a wespon which had only been In
uso by the Lulled States troops fur soma
four or tlv months prior to ths shooting
In question and which Is not In ths posses
sion of private citissns. The cartridges
used will go Into one other rifle used la
the I'mted 8ts. when specially ch um
bered the Winchester of the 's5 model
but It will rarely If ever go off when In It.
(ClNlUllU on bUU 44
SUMMARY OF THE DEE
Tindny, Jmrr IS, 11MIT.
1907 January 1907
sum mon rut wto tnw rsi sat
' 5 I 2 3 4 5
6 7 8 0 10 II 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31 T
FORECAST FOR NKBrtASKA Bnow and
colder Tuesday. Wednesday fair and not
quite so cold.
rXiKrXTAST FUR IOWA-Fair and colder
Tuesday; cold wave. Wednesday fair and
not so cold In west portion.
Temperature nt Omaha yesterday: '
Hour. Deg. Hour. Deg.
6 a. m j i p. m 11
t a. m 23 2 p. m 12
7 a- m i a p. m 14
a. m .-. is 4 p. m 14
a. m 15 5 p. in 13
10 a. rn it p. m li
U a. m u 7 p. m 11
11 m 13 g p. m 11
8 p. m 10
The Faltln Indian sclipol In North Da
kota appeals to department to Induce
Northern Pacific to raise snow blockade
it J. Hill say five and a half
'Zy dollar should be spent for new
t nd terminals In th next five
Congressman Norrls Introduces amended
Judicial district bill and explains It de
tails do not meet wishes of any member
of Nebraska delegation. rag 1
Six Ute chieftain visit th president,
who instructs Captain Johnson to fully
Investigate their grievances. 'NT 1
President sends special message to the
senate on th discharge of negro troops.
Senator Bpooner says senate has no
power to review act of the executive.
House by vote of sixty-five to twenty
ftve vote to table the resolution to In
vestigate Norrls Brown. Fag 1
Attorney General, at request of legisla
ture, brings action to terft the legality of
th railway commission amendment.
Hundred sheep killed by being struck
by a train on the Union Pacific. Fag 3
Colonel Mosby denies the alleged Inter
lew In which It was stated he had mad
charge against ex-Senatr Dietrich.
Real Estat men hold a convention to
discuss mean of bringing agricultural
settlers to the state. Fag B
Deal I on foot for sale of Coad prop
arty, corner Harney and Seventeenth
streets. Much farm land changing hand.
Nebraska, 1 the plbneer state In advocat
ing and practicing th dry farming
During process of transfer pf troop
from United States . to Philippine and
return of troop from .there Fort Crook
will unocoupledl tor about two tfnontk.
Gas tank ordinance get black eye .in
general committee meeting of cpuncll,
while teat ordinance meet with approval.
cotnrcrx. b&uffb km low.
Governor Cummin in hi measage to
legislature advise reduotlon In railway
rates, a state-wide primary and various
other reform. Fag a
Council Bluff commute of council
recommends two propositions to voters,
one to purchase work, th other to grant
new franchise to present company.
COLD WAVE MOVES EASTWARD
All Btatloas las Kartawest Except St.
Fan Report Below tVoro
ST. PACT Jan 11 The cold wave pre
vailing In the northwest 1 spreading and
Increasing In Intensity. Every weather sta
tion In th northwest, except St Paul, re
ports temperature below aero.
Havre,' Mont., reports IS below; Battle
ford, 36 below; DevlTa LdJte, S3 below, and
Wllllston, 0 below.
The cold wave la expected to reach Bt
Paul and point south tonight.
TOPEKA, Kan., Jan. 14. A sever bUx
sard la general over th greater part of
Kansas tonight. A large section of the
stats t covered with sleet and fin snow
and there la no sign of the torm abating.
The storm waa accompanied by a decided
drop In temperature and a high wind. It Is
probable that th unsheltered stock will
suffer. Along the lines of th Btuita Fe rail
road the storm extends from the Colorado
line to th e as torn edge of th state. None
of the northern half of th stat escaped
th bilxsard. Railway traffic ha not been
impeded, although wire ar working badly
In some place.
HILL BLAMES COAL COMBINE
Bay Dealer at Head of Istkes Re
fased to Bell to Aay Except
MINNEAPOLIS. Minn., Jan. 14. Blara
for th fuel famine In the northwest la
plaoed upon the so-called Coal trust by
Louis W. Hill, vie president of the Great
Iq a telegram to James W. Hill, giving
the result of an Investigation he 1 making
here. Louis W. Hill say:
The coal draters at the head of th lakes
are very largely responsible for present
conditions. I find that In every town
parties tried to get coal In early, but they
were refused by dealer in Dulutn and
Superior and were referred to the retail
dealers of their respective towna Dealer
did not begin placing orders for coal until
kite In the fall, when the wheat congestion
wss on. W ran seven coal specials Sunday
night from one point and will continue to
do all we can to help matters.
NEW YORK PERSONAL TAXES
Asseas-aeat ol Caraegl Placed at Five
Hlllteas mad Rockefeller at
Half that Amoeat.
NEW YORK. Jsn. 14. Andrew Carnegie
will be the heaviest taxpayer In New York
If the list of assessments made public by
the assessor today Is not amended. Ths
value of his personal property 1 fixed at
t5,uuu.0uS. and that of John D. Rockefeller at
Th total assessed value of real and per
sonal property la th cltfl, as figured by th
ena-saor thla year, will be about t,Bt,Q.
170, aa Increase of about $,uai.oo0 over that
of last year.
Th Russell Sags estate Is aserased at
I5u.w0.0uu, and the taxes oa it ajnuuut, ap
UroiiUiaUi, to I7ULIMV.
SENATE DISCUSSES MESSAGE
Mallorj, Claj and Facon En dor as Aotion of
' thaPrt aidant
SP00NER TAKES UP THE LEGAL POINTS
Wlseonsla Mas Hold that Beaats
Is Wlthostt Power to Review
Act of th Exeea-
WASHINGTON. Jan. 14-Taklng only a
brief time to pass the legislative, execu
tive and Judicial appropriation bill, carry
ing nearly 131,000,000, the senate devoted the
rest of the day to the Brownsville affray.
President Roosevelt's message, accom
panied by many additional affidavits and
a cigar box of bullets and empty cartridge
shells, was received, read j and ordered
printed. The speechmaklng on the ubject
continued until 6:30 o'clock. Senator Mal
lory, endorsing tho action of the president,
opened the discussion. He held that the
president might have gone too far In pre
venting th re-enlistment of the soldier In
volved, but otherwise he approved the presi
dent's order of discharge.
M'hen Senator Clay took the floor the
debate was given a lively turn by Mr. Till
man's Interruptions. Mr. Clay said the
people of Georgia heartily endorsed th
Senator Bacon followed with what he
said was reported a the precedent for the
Brownsville order In the discharge of a
company of South Carolina National guards
men by Senator Tillman when he was
governor. This Involved Senator Tillman
again In the debate.
Senator Spnoner was In the midst of a
constitutional discussion of the authority
of the president in the case when adjourn
ment was taken. Mr. Bpooner holds that
when the president exercises his powers
as commander In chief of the army the
senate ha no Jurisdiction to review hi
action. He also contended that congress
ha no power to legislate specifically to re
store the soldier discharged In the present
case, declaring that review can only be
had by Impeachment proceedings which
must originate in the house of representa
tives. Several senators have Indicated that
they Intend to discuss the question and the
Brownsville debate is therefore likely to
absorb the attention of the senate for
Reception of Message.
Th president' Brownsville message, ac
companied by a box neatly wrapped and
tied .with red tape, containing cartridge
and sheila aa exhibits In the case, was re
ceived by the senate today. The message
was attentively listened to. Mr. Foraker
requested that It be printed with the ac
' Mr. Foraker, saying he was not going to
make a speech, "but a few remarks." ob
aerved "that the teatlmony amounted to a
great deal, for the president tells us It 1
conclusive. But it does not remove the ob
jection I have had from the beginning of
thla' proceeding. What I hav been trying
to contend for 1 to secure, a hearing for
th men, charged with this serious crime.
Tl,ia testbjiony Cu -bessi lalien, as tl..
other was, behrnd closed doors without any
body representing ths men. That is the
reason I shall not -desist,, notwithstanding
what th president has said as to the char
acter of It, from pressing for an investiga
tion of the subject where especially the
men who ar charged with the crime of
murder, perjury and conspiracy can be
heard, to the end that If they can estab
lish any facts In their favor they may have
an opportunity to do so."
Mr. Foraker added that he would reserve
hi discussion of the new evidence sub
mitted by th president until after the in
vestigation, "If we shall order one," to be
made In accordance with the spirit of
American Institutions, "where every man,
no matter how humble, shall hav an op
portunity to be heard."
After that investigation. Mr. Foraker said,
he should hav something to sajr about the
Later Mr. Foraker went to the clerk'
desk and unwrapped th package and took
from ths cigar box for a thorough Inspec
tion th bullets and shells the president had
Mallery Defeoda President.
Senator Mallory said he could ess no
benefit In th proposed senate Investiga
tion of th Brownsville affair, a th evi
dence submitted by th president waa
enough to convict th soldiers. However,
he should not oppose th Inquiry.
Th bullet and cartridge shell sent to
th senate, Mr. Mallory held to add greatly
to th strength of th president' case.
In addition to th evidence, he maintained
that th discrimination against th negro
soldiers by the citizens of Brownsville
furnished the motive. They wsr not al
lowed liberty out of th fort after I o'clock
at night and wer not served In th bar
Mr. Mallory digressed to call attention
to what he regarded aa the best Illustra
tion that could be given of th Incompetency
of the negro to grapple with great ques
tions. Hta Illustration was th criticism
of th president by a negro mas meeting
"The president of the United States, of
all presidents who hav sat In that chair
sine the close of the civil war," he said,
"has manifested more plainly and decidedly
a disposition to lift up and encourage the
colored race by elevating them on all oc
casions when he could, to positions of
honor and trust under th government."
A negro, he said, held th most lucrative
federal office In Florida collector of In
ternal revenue: th collector of customs
at Savannah, Oa.. waa a negro, and th
collector of Internal revenue of Georgia was
a negro, and everyone knew th fight which
th senate had made against Dr.' Crum, a
negro, made collector of th port at
Charleston, 8. C
"But," added Mr. Mallory, "th negroes
of Boston allow themselves to be carried
awsy by the passion of toe moment, unable
to look fairly and squarely at a propo
sition which should bs Judged Justly and
honestly, forget that they are under great
obligations to th president and send forth
a denunciation of th r.st friend they
hav ever had In that office. They will
allow passion to get th better of their
Judgment on almost all occasions."
Mr. Mallory believed th president ought
not to hav Included In his order of dis
charge the prohibition against future en
listment. He maintained that th discharged
men wer not under th charg of any
I dim whatever.
I Mr. Bacon had th clerk read a new spa,
per clipping, announcing that it cited a
! precedent tor the president's action. It
I told of th dismissal of a company of th
South Carolina National Guard by Senator
Tillman, then governor, because they re
fused to obey orders during a disturbance
over the enforcement of ths liquor laws.
Mr. Tl!lmn explained ths occurrence, de
claring the company In question "bandbox
tpwttU(UM4 va fiUlh. rs4
INVESTIGATION IS PROMISED
Gamble's lapperten, However, loslst
It Mast Net Delay His
PIERRE, S. D.. Jan. 14.-(8peclal Tele
gram.) With reference tw the telegram
from Senator Kittredge and Reprcsents
tlvea Burke and Martin, accepting th aug
gestlon of Senator Dillon and demanding
an Immediate Investigation. Senator Gam
ble Is not In the city, but so for aa can be
learned his friends take the position that
while they are willing that a legislative ln
vestlgntlon of the whole congressional del
egation be held, they do not propoee to al
low It to Interfere In any way with th
election of Senator Gamble on. Janu try 22.
Senator Dillon, to whom the reply of Sen
ator Kittredge and Congressmen Burke and
Martin waa sent, makes the following
statement: "The Insurgent loaders, as 1
understand It, will at th proper time In
troduce a resolution to Investigate the offi
cial acts of the congressional delegation
senators and con it semen end state offi
cials." Governor Crawford said: "It is a horse
play for a newspaper controversy, and no
attention aliould be paid to It. The legisla
ture can take care ef thia matter for Itself
and will, no doubt, at the proper time make
provision for a full Investigation."
Senator Cook, chairman of the republican
state committee, says: "It 1 a grandstand
play and thejr will no doubt bo accommo
dated at the proper time with an Investiga
tion." Senator Wltrte of Pennington county said:
"I consider the caucus settled the matter so
far aa the republican members of the leg-
I Mature are concerned."
The democratlo leaders say they will not
ask for an Investigation, but that If a de
mand for such action comes from the re
publican side they will all support It.
MORE ANTI-RAILROAD MEABIRE8
Bills Llmttlasj Wsrklsg Hoars aad
Valldatlas; Commission's Orders.
PIERRE, B. D., Jan. 14. (Special Tele
gram.) Railroad bills are yet coming, two
more being presented by Jenkins in the sen
ate today. On of these limits th work
ing time of railroad men to sixteen hour
and another make the orders of the rail
road commission valid, and requlrea proof
to aet them aside. In the house they ware
allowed to rest, but Glass, who appears to
be after the railroads, has a bill for Intro
duction tomorrow which requlrea railroad,
telegraph, telephone and express oompantes
to reduce rates existing January 1 In the
state 26 per cent by August 1 next, wlti
a penalty of a fine of toOO to fl.000 a day
on railroads and from $300 to 1500 a day
on telephone, telegraph and express com
panies. Th principal house bills presented were:
By Cannon, to cut out th oil law amend
ment of two years ago, allowing Kansas
oils a preference right; by Johnson Of Clay,
appropriating S&0.000 for a law building
at the university, and a bill requiring all
whit lead to be labeled with formulae.
The speaker announoed aa the oommltt
on public health: Michael, Simpson,
Miller, Peterson of Lawrence, . Trumbo,
Matteson and Peter.
In the senate ' Mundt Introduced a bill
to allow the South Dakota Central rail-
way right-of-way across the penitentiary
companies e Invest Itr mortgages" outside
the state, and by JenJrjn to abolish the
offices of county Justices of the peace and
Big Irrlaratlon Work la Wyoming.
PINEDALK, Wyo., Jan. 14. (Special.)
The Eden .Land and Irrigation company,
which has charge of the lands near the Big
and Little Bandies, will begin work on It
big ditch In the spring. Nearly 0,000,000
will be expended In building this ditch. It
also proposes to establish a model city. Ne
gotiations have been entered Into with a
colony of thrifty former, who will settle
on the land to be reclaimed, and experi
mental farms will also be established. Next
summer an automobile line will be put on
between ths new city and Rock Springs un
til a railroad can be built.
Wanton Slayers of Elk In "Jail.
PINED ALB, Wyo., Jan. 14. (Special.)
William A. Blnkley and Charles A. Purdy,
the Jackson Hole tusk hunters, who wore
recently apprehended In Los Angeles, Cal.,
for Illegally shipping elks' heads, teeth and
other game trophies out of the state, and
held under $2,000 bonda each, have been
placed In Jail hers to await their trial at
the spring term of the federal court In
Idaho. It Is estimated that over (00 elk
were killed by the band of marauders and
the bodies allowed to rot where they had
been killed. A large amount of trophies
was discovered In beer kegs.
FLOODS ALONG UPPER OHIO
Rivers Are Again Rising on Aeessst
of Heavy Rain In Last Twenty
PITTSBURG. Jan. 14 -Th high water In
the Ohio. Monongahela,. Allegheny and
Youghlogheny rivers, which threatened a
serious flood m this vicinity, but which
commenced to recede early today. Is again
rising on account tf heavy rains during
th last twenty-four hours.
The flood 1 not expected to reach serious
proportions, owing to little snow. How
ever, considerable damage la being done
along the river above Pittsburg. The
coal mines along the Monongahela river
ar flooded and more Hhan 1,0X1 miner ar
The effect of the high water on the
typhoid fever situation here continues to
cause much anxiety. Thirty-seven new
cases were reported today. . Dr. James F.
Edwards, superintendent of the health
bureau, says he will ask the legislature
to puss a law compelling towns along tho
rivers of the state to filter all water sup
plied for drinking purposes.
CALIFORNIANS IN OPPOSITION
Representatives Will Fight Bill to
Lesson Rigors of Chinese
WASHINGTON, Jan. 14-Th house com
mittee on foreign affairs grsnted a hearing
today to Representatives Kahn, McKlnlay
and Hayes, all of California, ths committee
named by Pacific coast representatives to
oppose efforts to n.odify the Chinese ex
clusion act and to work for a Japanese
It was statsd by the Callfornlana that
they will fight vigorously th bill under
consideration by the committee to amend
tb Chines exclusion act by having In
spection of Chinese at ports In China from
which they sail, as well as In the American
I ports where they land. Th bill is regarded
by the Californlans as a relaxation of th
Th Californlans object to the bill chiefly
because It la a revision of th act. and they
resent any revision or change, as they fear
that It will lead to further relaxation of
th exclusion at.
NEW JUDICIAL DISTRICT BILL
Congrewnan Bcrrii Inlrosncxi Amended
Veaaura in the Home.
DETAILS ARE STILL f AR FROM SETTLED
Blx He Chief Hav Pow Wow with
Great W hite Father, Who Prom
ises to Investigate All
(From a Staff Correspondent.)
WASHINGTON, Jan. 14-(8peclal Tele
gram.) The amended Judicial district bill,
which Congressman Norrls Introduced today
j after the long conference held yesterday
i by th members of the Nebraska delegation.
promises to have as hard sledding to get
through the house aa had the Burnett Dill,
which haa now been abandoned.
All phases of the proposal to create two
Judicial districts In Nebraska, with th
Platte river as a dividing line, were gone
over and there was a frank Interchange
of opinion, with Senator Millard and Rep
resentative Norrls and Kennedy generally
against the dead cold division of the state
along the line of Senator Burkett'a bill.
Congressman Kennedy was exceedingly
frank In his statement that he was against
the creation of another Judicial district in
the state, and did not hesitate to say he
would go before the Judiciary committee of
the house and oppose any division bill, but
would support a bill looking to the creat
ing of an additional Judge In the federal
district of Nebraska, with additional places
for holding court In the South Platte, and
with records kept at Lincoln In charge of
the deputy clerk. And that la all the mem
bers of the delegation hope for down deep
In their hearts.
On game Footing as Ohio.
A member of the Judiciary committee,
speaking of the policy adopted by that
eommlttee, said today that the committee
was against the creation ot new Judicial
districts, that It looked with favor upon
new Judges wherever It waa demonatrated
that the buslnesa warranted auch addi
tional help, and that Nebraska could not
expect any more favorable treatment than
waa accorded Ohio today, when the house
passed a bill providing for an additional
judge In Ohio, but crcitlng no new Judicial
district, with all the machinery of a new
court, such as United States attorney,
marshal, deputy marshals, clerk of court
and other subordinate place.
At Saturday's conference Congressman
Klnkald, desiring to satisfy the largest
possible number of his constituents, put In
a claim that court should be held at a
number of places In the Sixth district not
now Included In ths law creating Nebraska
as one Judicial district. Judge Klnkald
asked. In addition to the places conceded
to him, that court be held at both O'Neill
and Alnsworth. This the delegation could
not consistently agree to, and a f urthor
conference was decided upon, which waa
held yesterday, when Judge Klnkald
yielded Alnaworth for O'Neill. With thla
matter settled, the delegation got together
on the blU Introduced by Congressman
. Norrls Explains the BRL
, As to the bill itself Congressman Norrls
authorised the following statement: "The
bin I have Introduced today to divide Ne
braska Into two Judicial districts and th
districts Into divisions was Introduced at
the request of the Nebraska delegation.
While In It detail I think I am aafe In
saying it doe not meet the approval of
a single member of the delegation, yet
It Is possibly as near an agreement a w
can reach. There are twp proposition
upon which the delegation Is unanimous:
"1. That there must be an additional
Judge to properly attend to the legal busi
ness of the United State courts In the
"I. That there hould be additional
placea In the atat for holding United
Statea court outsld pf Omaha and Lin
coln, with provisions requiring th trial
of cases In th aectlon of the state wber
"Aa to the method by which theae re
form can b brought about there la a
wide divergence of opinion. Spme ar of
the opinion' that the flrat point can beat
be brought about by the appointment of
an additional Judge and without a division
of th state Into two Judicial districts.
While as between the two methods I per
sonally prefer a division of the state Into
two Judicial districts, I can see but little
difference between the two methods and
would be willing at any tlm to compro
mise and sgree on either one.
"Upon the next proposition the delega
tion is unanimous, but they do not agree
as to th number of places wher court
should be held nor as to th division of
territory among th several placea. I think
It la the opinion of each member of the
delegation that the bill which I have In
troduced and which the delegation haa
agreed upon stands no show whatever of
passage by the house or even by ths Judi
ciary committee.. In Its present form there
are, without doubt, too many places fixed
for holding of court. But It will be used
as th basis for more definite action.
"In my Judgment. If the delegation would
agree upon three or possibly four placea
for the holding of court In the state, out
side of Omaha and Lincoln, and would also
agree to compromise on the proposition of
dividing th state Into two districts, or
simply th appointment of an additional
Judge, w would be able to secur th relief
which It I admitted by all is pressing.
"The matter will be taken up before th
Judiciary committee and I trust some agree
ment may be reached before th commute
along the line suggested."
' It Chiefs at tho White Honse.
Commissioner Leupp of the Indian, bureau.
Colonel Rodgera, In command at Fort
Meade, and Captain Johnson this afternoon
accompanied the six Whit River Ute chief
tains to the White House, where they were
received by President Roosevelt, the "pow
wow" taking plac in the cabinet room.
Chief Appa. through an Interpreters acted
as spokesman for the dlssatlefted Indians,
but hs did not make plain to the president
the precise nature of their grievances.
The Indians attracted considerable atten
tion as they walked single file through ths
streets. They wore civilian, clothes with
the exception that ail wer shod in mocca
sins and went bareheaded.
It appear the Ute would like to lrcate
on the land along Crow creek in the Chey
enne River reservation, and be permitted
to use the funds accruing to them from the
sale of lands In their former reserve In the
Utah reservation and purchase lands from
the Cheyennes. They wer ssked how they
! expectad to get food, and In reply Intimated
1 they thought the secretary to the Great
Whits Father would supply them with ra-
! tiona. Just aa la now being done for them
1 at Fort Meade.
I President Roosevelt has Instructed Cap
' tain Johnson of the Tenth United Stays
cavalry, who has charge of th I'tes. to as -;
certain precisely what the Utes want, wher
Continued ea Second i'Aava
SHAW ON MERCHANT MARINE
Secretary of Treasury Addresses Har
vard "tndents on Xeed of Better
CAMBRIDGE. Muss.. Jan. 14 -The need
of a merchant marine as a' means to the
greater commercial development of tt
United States was urged this afternoon by
Secretary of the Treasury I.eslle M. Shaw.
In an address to Harvard students on "Evo
lution of Self-government."
"The Philippine Islands, which are ours."
said the secretary. "Hawaii, which is ours,
and an Isthmian canal, which Is going to
be ours, plus a merchant marine, which we
must have, will enable us to send our
matchless products of farm and factory to
every clime and Into every port.
"Our commanding position smong the na
tions of the world, our opportunities to se
cure a fair phare of the commerce of South
America and South Africa will afford a
market Tor lao.OOO.OOO of Imports for those
countries, of which the United 8tates fur
nished only 12 per cent and a ll.OOO.OOO.ooo
of Imports consumed by oriental countries,
to which the United Statea contributes only
10 per cent. I believe the Panama canal
will be a great factor In securing our full
share of these Imports and believe we ar
in great need of a merchant marine. I
do not advocate subsidy or any other
method, but I urge th necessity of the
BAILEY'S CASE DEBATED
Attempt of Senator's Friends to Rash
Resolntlon Through Senate
AUSTIN, Tex.. Jan. 14.-Th Texas senate
remained In session until 10:30 o'clock to
night debating the resolution to Investigate
Senator Bailey's alleged connection with
the Waters-Pierce OH company.
It was the understanding that the senate
would not consider the matter In any form
until this afternoon and then only In com
mittee for future action by the senate.
Early this morning, however, the Investiga
tion resolution waa called from the com
mittee and a substitute offered providing
for the appointment or a committee to as
certain as to whether or not an Investiga
tion waa In any degree necessary.
Having a majority of one vote, the Bailey
forces attempted to rush the substitute
resolution to adoption, but the extended
debate prevented. Their effort will be re
The house spent the day In discussing the
Joint resolution of Saturday, which allows
each side four hours of discussion before
a final vote on the Bailey Investigation.
Adjournment was made without a. vote
The resolution providing an Investiga
tion cannot be decided before Wednesday.
BLAME FOR VOLLANP" WRECK
lory Places Responsibility for Catas
trophe on Operator and Train
ALMA, Kan.. Jan. 14. J. H. Shoemaker,
the dispatcher In Topeka, and John Lynes,
th operator In Veils nd, Kan., ar both
held id a' measure responsible for the Rock
Island wreck near Volland January 7, in
which thirty-two persons wer killed, by
the coroner's Jury, which today finished
Its Investigation of the wreck.
The Jury said that Shoemake displayed
erroneous Judgment In changing the meet
ing place of the tralna from Alta Vista
to Volland. John Lynes, the operator, was
negligent In his duty, the Jury said. In
not displaying the proper signal to hold
second No. 28 at Volland.
It la not probable that any prosecutions
will follow as a result of the coroner's
verdict. Lynes Is constructively under ar
rest, but the prosecuting attorney shows
no Inclination to move against him. The
Rock Island officials have already an
nounced that they would not prosecute
EIGHT PERISHJN EXPLOSION
Miner Thought to Have Fired Powder
by Flame front an Open
CLINTON. Ind., Jsn, 14.-E1gV iead and
two injured rrdners were take.i from mln
No. T as a result of an exploekm this morn
ing. The dead are all foreigners.
Two hundred miners had descended this
morning. At 8:45 a terrific explosion shook
the Interior of the mine, followed by clouds
of smoke. There waa a rush for the bottom
of the shaft and aa rapidly sa possible the
miner were hoisted to the surface.
It Is believed a miner set fire to a keg
of powder by a spark from his lighted
lamp, and the explosion Ignited gas In the
mine. For several hours It wss Impossible
to enter the mine on account of the heat.
The trap door had been blown down and
air could not circulate.
The bodies of the dead when finally
found were badly burned and disfigured.
BURLINGTON APPEAL ARGUED
Case Decided at Kansas City Is
Heard by Conrt of
ST. LOUIS. Jan. 12. Motions In th ap
peal filed by the Burlington railroad from
the decision of Judge McPherson of the
United States distric t court at Kansas City, I
nuiuing me curapunjr auiiiy oi granting re
bates to parking houses, were heard today
In the United States circuit court of ap
peals. The appeal la taken to aet aside fines of
several thousand dollars Imposed by Judge
McPherson on officials of the Burlington.
DR. LLOYD "GOES TO ROME"
Pennaylvanln Rector Anaooaeea Ills
Ahandonmeat of Protestant
UNION-TOWN, Pa.. Jan. 14.-Dr. F. E. J.
Lloyd, rector of St. Peter's church, an
nounced today that he has abandoned the
ministry, doctrine, discipline and worship
of the Protertapt Fplscopal church and
will in a short time becomn a ml-aluner to
non-Catholics under the authority of the
Roman Catholic church, with headquarters
In Chicago. Dr. Lloyd once held a pastor
ate in Bloomlngton, 111.
TO INVESTIGATE STOCK YARDS
Mlssonrt Legislative Committee Will
Look Into Conditions at Kansas
City and St. Joseph.
JEFFER80N CITY, Mo.. Jan. 14-The
house of representatives of the legislature
toduy adopted a resolution appointing a
committee to Investigate the slock yards
at Kansas City and St. Joseph. Chargos
hav been made that the tariff for unload
ing and caring for live stuck ar as-
SENATE TRACK CLEAR
Home by TeoiaiTe Vot Tablea F.t ailntion
to Investigate Irown.
FiVE FUSI0NISTS WITH MAJORITY
Believed to Ee the Last Hove or Corpora
tioni to Tefeat Will of the People.
VOTE TO BETAKEN IN BOTH HOUSES TODAY
CpsaktT Namea Ccmmitteei to Prepare
Platform Pledge Billa.
CONE OBJECTS, EUT TO NO PURPOSE
Senator Thomas Introdaees n Bill
Intended to Head Off Men Who
Hold Ip Cnndldates for
(From a Staff Correspondent.)
LINCOLN. Jan. 14.-8peclal.)-By a vot
of 68 to 28. th house this afternoon tabled
the corporatlon.Van Housen resolution to
Investigate rumor and report concerning
the official act of Norrls Brown when at
torney general. Voting with tha repub
licana to table th resolution wer fiv
fuslonists Brown of Sherman. Carlin of
Rock. Fries of Howard, Mackey of Custer
and Worthing of Dawson. Van Housen of
Colfax called ud hla resolution whan ,.
order of business was reached and Thles-
sen or Jefferson moved to table It ' The
vots was aa follow:
Brown. . P.,
Brown (8hr.), Jennlnoa, BeoaSsr.
Burklsy, Johnson. Shunsrt,
rr,". Kills. s.ri
JsVi.- Knowlw. euidor.
1 .V !--
V' ' Tslbot.
TVwn. Lima .
Her. 'F W.aon. WsuSr
rsrl.-, nrculioush, Wslts.
rrlss. . t Marker, Wilson,
Sl"s "". Wothlnt.
aiolm. HMLrs, Mr. lpmker-.
Aaama Haffermsa, Reamon.
ST"1 Usury. 8-hoMt(sr.
";on KuhL Van Mnna-
nuneas, W.rlett, Von.i-n.ky,
Absent and Not Voting
. Jnn Tiicker-s.
The lost stand of the corporations waa
a Impotent aa their first stand on or
ganisation was unsuccessful. Republicans
to a man stayed by ths convention In
structions, while the corporation-Van
Housen bunch was not able even to hold th
fuslonists la line
Corporation Wiles Impotent. . - '
All the wiles which In times past hav
been nsed so successfully by the old rail
road machine were brought to bear on the
members to secur this investigation, for
the purpose of delaying the election, of
Mr. Brown, In ordr to get more tlne In
which to work upon the members. Sena
torial bees were scattered around, reports
of the corporation strength were sent out
everywhere, while eveythlng which had
been said against Mr. Brown during tho
campaign was told and retold with color.
Every effort was mads to cause a stampede
of the republican members who had been
Instructed to vote for him for senator. It
waa the first real test of the strength of
the corporations and tha pledge-keeping
republlcana. and It ended, as the people had
decreed It should end. In the utter rout
of the corporation bunch. .
Frtea of Howard county, a fusionlst, wa
the only man to receive the cheer of the
house when he voted. He explained hla
vote, which wa In the affirmative, h
told the member he had fought Mr. Brown
and had done everything In hla power to
bring about his defeat, but that was dur
ing the campaign, and now that the people
had decreed he wa to be their senator
he saw no reason for the adoption of th
resolution. The house cheered him en
thusiastically. Some of the republican expiessed regret
when It was all over that an opportunity
was not given Van Housen to make
speech and give his reason for Introducing!
ths resolution, for it might have been possl
blt In that way to have discovered who
the republicans are that desired the adop
tion of the resolution, If any did desire It.
While the action of the house was never
for a moment In doubt, th announcement
of the consideration of the resolution
brought a large crowd to representative
hall and p. large number of out of town
people to Lincoln. Ross Hammond, who
was mentioned In the resolution, was there,
while among those who cam to town were
Gus Humpnrey and Alpha Morgan ot
Broken Bow, mentioned by "XK" In a
letter concerning Frank Young, who, of
course, wa also on hand; Ed Chambers of
Columbus, Northwentern Attorney Dickson
of O'Neill and other.
Explanations of Votes.
The following explanations of votes Wers
filed with the speaker and read to ths
Fries of Howard Whereas I have pledged
myself to cast my vote for Hon. William
H. Thompson for United Statea aenator,
I ahall do so; whereas, I fought Hon. Nor
rls Brown during the late campaign with
all the might and means which I had at
my disposal, but the people hav spoken
and by their verdict I ihall sblde. There
fore. I vot yea
Thlessen of Jefferson (who moved th
resolution be tabled.) Th reason for this
move la that I think there wa plenty of
tlmo to Investigate the record of Hon.
Norrls Brown during the campaign and
furthermore there is nothing in the gentle
man's resolution that ha not been brought
out against hi in before, and I surely be
lieve that If Mr. Brown' accusers could
prove the chsrges made sg.lnst him that
they would not have waited until th last
hour, and I hope that we, as a body, will
vote ths resolution to be laid on th tab
unanimously and stand by ths man chosen
by the majority of the people of pur splen
did state for United Slates senator.
Cone of Saunders Having been con
nected In an advisory way with the taking
of all the testimony In th Worrell grain
suit that formed the basis upon which Hon.
Norrls Brown brought the action to ' bust
th Grain trust" that is still doing business
at the same old stand: In effect, In the same
old way; which Is todsy prohibiting prac
tically the farmers of the slate frum hav
ing cars In which to ship their own grstn;
Is today discriminating against th inde
pendent buyers at the terminals, aa well
aa throughout the state; Is monopolising th.
par aetvlo uuta Itself, which nag wlUUl
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